Sections 5-6 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 5 says that, in matters governed by Part I, a judicial authority may intervene only where Part I provides for it. Section 6 lets the parties, or the tribunal with their consent, arrange administrative assistance from a suitable institution or person. Both sections are short, but section 5 shapes how every other court power in the Act should be read.
Section 5 begins "Notwithstanding anything contained in any other law for the time being in force" and says that no judicial authority shall intervene except where so provided in Part I. Section 6 says that, to facilitate the conduct of the proceedings, the parties, or the arbitral tribunal with the consent of the parties, may arrange administrative assistance by a suitable institution or person. The places in sections 8 to 36 where the Act lets a court act are in the table below. This is as per the India Code consolidated text consulted.
Reading section 5 closely
The section reads in full: "Notwithstanding anything contained in any other law for the time being in force, in matters governed by this Part, no judicial authority shall intervene except where so provided in this Part." Four phrases carry the weight.
- "Notwithstanding anything contained in any other law." The rule overrides other laws to the extent of the conflict in matters governed by Part I.
- "In matters governed by this Part." Part I applies where the place of arbitration is in India, plus the cases set out in section 2; see our article on section 2 and the scope of Part I.
- "No judicial authority." The words are wider than "Court" as defined in section 2(1)(e), and so cover any judicial authority.
- "Except where so provided in this Part." The exceptions are the court powers that the Act itself grants.
The section does not itself list those exceptions. The reader has to find them in the other sections. If you are planning a step that involves a court, an arbitration support review against the official text will show whether a provision in Part I allows it.
Where the text itself lets a court act
Reading sections 8 to 36 of the text consulted, the following places involve a court or judicial authority. This is a guide to those sections, not a complete list of every court power in the Act: the later sections of Part I, such as section 37 on appeals and section 42 on which court hears later applications, have their own articles, linked below the table.
| Section | What the text lets the court or judicial authority do |
|---|---|
| 8 | A judicial authority before which an action is brought on a matter that is the subject of an arbitration agreement refers the parties to arbitration if a party so applies in time, unless it finds that prima facie no valid arbitration agreement exists. See section 8 |
| 9 | A party may apply to a court for appointing a guardian and for an interim measure of protection, before or during arbitral proceedings or after the award but before it is enforced under section 36. See section 9 |
| 11 | Appointment of arbitrators. See our post on section 11; it is not re-explained here |
| 14(2) | If a controversy remains about the grounds in section 14(1)(a), a party may, unless otherwise agreed, apply to the Court to decide on the termination of the mandate. See sections 14 and 15 |
| 27 | The tribunal, or a party with its approval, may apply to the Court for assistance in taking evidence. See sections 26 and 27 |
| 29A | The Court may extend the period for the award, substitute arbitrators and deal with fees and costs as the section provides. See section 29A |
| 34 | Recourse to a court against an arbitral award. See our post on section 34 |
| 36 | Enforcement of an award. See section 36 |
Appeals are dealt with in section 37, which has its own article: see section 37 on appealable orders. For the court that hears later applications once one has been made, see section 42.
A practical point from the table: several of these are optional steps that a party chooses to take, such as an application under section 9 or section 27. Others are steps a court must take once the conditions are met, such as the reference under section 8. Section 5 does not turn every grievance into a ground for going to court. It asks first: does Part I provide for this?
A short illustration
Kapoor Agro Exports and a buyer have an arbitration clause. The tribunal has been constituted and a hearing is fixed. A dispute arises about whether a witness's document must be produced. Kapoor's lawyer thinks of filing a suit for a direction. Section 5 prompts the question whether Part I provides a court route here. It does, in section 27, but through the tribunal or with its approval, and not by a separate suit. The right route is to seek the tribunal's approval for the application.
Section 6: administrative assistance
Section 6 reads: "In order to facilitate the conduct of the arbitral proceedings, the parties, or the arbitral tribunal with the consent of the parties, may arrange for administrative assistance by a suitable institution or person."
Points to note:
- Who arranges it. The parties, or the tribunal acting with their consent. The tribunal alone cannot arrange it without that consent.
- What it is for. To facilitate the conduct of the proceedings. The section does not list the services, and the text consulted names none.
- From whom. "A suitable institution or person". Section 2(1)(a) defines "arbitration" as any arbitration, whether or not administered by a permanent arbitral institution, so the Act contemplates both institutional and ad hoc proceedings; see section 2.
- What it is not. The section does not say assistance may replace the decision-making role of the arbitrator. The text is silent on fees, qualifications or rules for such assistance, and we add none.
Section 2(6) adds that where Part I leaves the parties at liberty to determine an issue, that liberty includes the right to authorise any person, including an institution, to determine it. Section 6 is a different and narrower provision, about assistance in conduct of the proceedings.
How sections 5 and 6 work with the rest
Section 4 deals with waiver of an objection to non-compliance; see sections 3 and 4. Section 5 deals with when a judicial authority may step in. The two together help a party decide both whether a court route exists and whether an objection has been made in time.
For drafting, name the institution or person who will provide administrative support, if any, and record that the tribunal and parties consent to it. See our arbitration clause draft for commercial contracts for the clause as a whole.
Need help with an arbitration step that involves a court?
Before filing anything in court during an arbitration, it is worth checking which section of Part I gives the power and who must apply. Our arbitration support team can map the steps in your agreement and point you to the right section before you act.
Key takeaways
- Section 5 overrides other laws in matters governed by Part I and limits court intervention to what Part I provides.
- Within sections 8 to 36, the text consulted lets a court or judicial authority act under sections 8, 9, 11, 14(2), 27, 29A, 34 and 36; appeals under section 37 have a separate article.
- Section 6 allows the parties, or the tribunal with their consent, to arrange administrative assistance by a suitable institution or person.
- The Act does not set fees, qualifications or rules for administrative assistance in the text consulted.
- When unsure, find the section that gives the court power before filing.
Read next
- Section 8: power to refer parties to arbitration
- Section 9: interim measures by court
- Section 34: challenge to an arbitral award
- Sections 3 and 4: receipt of communications and waiver
Disclaimer: Based on the India Code consolidated text of the Arbitration and Conciliation Act, 1996, whose footnotes show amendments up to Act 3 of 2021 and a latest date of 12 October 2023, as consulted on 2 October 2026. Rules, regulations and notifications under the Act, later amendments and the commencement of the Mediation Act, 2023 should be checked. This article is general information, not legal advice; check the official text before acting.